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All Journal TOFEDU: The Future of Education Journal
Andronius Basado Siahaan
Universitas Pembangunan Panca Budi Medan
Education Languange, Linguistic, Communication & Media Mathematics Other

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The Existence of Customary Criminal Law within National Criminal Law after the Enactment of the New Criminal Code Andronius Basado Siahaan; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar; Martinus Bosko Sinaga; Sonya Evalin Br. Silalahi
The Future of Education Journal Vol 5 No 2 (2026): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1812

Abstract

The existence of customary law in the reform of national criminal law is a critical issue within the context of Indonesia’s pluralistic legal system. As the indigenous law of the Indonesian people, customary criminal law is, in essence, an integral part of the Indonesian legal system. The reform of Indonesian cri minal law to replace colonial criminal law has accommodated customary criminal law as the basis for its legalization or recognition within the New Criminal Code (KUHP). This study examines the existence of customary criminal law within the national criminal legal system following the enactment of the new Criminal Code (Law No. 1 of 2023). This topic was chosen because it highlights the urgency of recognizing local legal values (living law) within the national system. The research employs a literature review method with a normative legal approach. These findings are crucial for strengthening the synergy between national law and local wisdom to foster an inclusive legal system.
The Formulation Policy of the Death Penalty in the New Criminal Code and Its Problems regarding the Principle of the Right to Life as a Non Derogable Right Sonya Evalin Br. Silalahi; Sumarno Sumarno; Suci Ramadani; Andronius Basado Siahaan; Martinus Bosko Sinaga
The Future of Education Journal Vol 5 No 2 (2026): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1821

Abstract

The dynamics of the death penalty in Indonesia have undergone significant changes in tandem with the revision of the Criminal Code (KUHP). The death penalty is the oldest form of punishment, involving the taking of the life of a perpetrator of a serious crime, and has been part of the Indonesian legal system from the era of kingdoms to the modern era. The implementation of the death penalty in Indonesia has evolved, ranging from traditional methods to executions by firing squad in accordance with statutory regulations. The reform of criminal law in Indonesia has become an increasingly urgent necessity in light of social developments, technological advancements, and the increasingly complex and diverse nature of crime. Law No. 1 of 2023 on the new Criminal Code (KUHP) serves as a comprehensive effort to replace the colonial-era Criminal Code and align the national criminal justice system with the current conditions of Indonesian society. This study aims to examine the current policy on the formulation of the death penalty in Indonesia’s criminal legislation and to analyze the envisioned legal framework regarding the death penalty in Indonesia for the future. The application of this punishment has sparked a heated debate between those who support it viewing the death penalty as a deterrent and an exceptional tool for crime prevention—and those who oppose it on the grounds of human rights violations and the risk of injustice. The methodology used in this study is juridical-normative, utilizing secondary data from legal regulations, literature, and academic journals. The approach applied is a conceptual one, analyzing the discussion from the perspective of relevant theories and concepts. The analysis is conducted qualitatively by examining the application of the death penalty model from the perspective of criminal law theory. This approach reflects an orientation toward rehabilitation and respect for human rights.
The Legal Politics of Combating Online Gambling as a Cybercrime in Indonesia Andronius Basado Siahaan; Ismaidar Ismaidar; Alberto Paskah Tarigan; Bima Agung Wibowo
The Future of Education Journal Vol 5 No 2 (2026): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1856

Abstract

Online gambling is a form of cybercrime that exploits information and communication technology, particularly the internet, as a medium for committing gambling offenses. Online gambling as a form of cybercrime has become an increasingly widespread phenomenon alongside the rapid development of information and communication technology. In general, Indonesian law prohibits all forms of gambling, whether conventional or online. Gambling, which was previously known only in its conventional form, has now transformed into the digital realm by utilizing the internet as the primary medium. This study aims to analyze the implementation of legal policies in combating online gambling in Indonesia from a legal-political perspective. The study employs a normative legal approach using a literature review method. Data were collected through an examination of various legal materials, such as legislation, books, academic journals, and relevant online sources pertaining to criminal law policies and crime. The data obtained was then analyzed using qualitative descriptive analysis techniques to understand the legal framework governing online gambling and its implementation in law enforcement practices. The results of the study indicate that the implementation of legal policies in Indonesia regarding online gambling still faces various challenges and is not yet fully effective. Legal policy plays a significant role in enhancing effectiveness.
A Victimological Analysis of Terrorism Victims in the Indonesian Criminal Justice System Alberto Paskah Tarigan; Suci Ramadani; Bima Agung Wibowo; Andronius Basado Siahaan
The Future of Education Journal Vol 5 No 2 (2026): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.1859

Abstract

Terrorism is an extraordinary crime with multidimensional impacts; it not only causes material losses, but victims are also those who directly suffer as a result of the crime—physically, psychologically, economically, and socially. However, in the practice of the criminal justice system, victim protection tends to be neglected because law enforcement focuses primarily on the perpetrators. As a result, victims are often treated merely as witnesses and have not yet received optimal fulfillment of their rights. This study aims to examine the concept of victim protection from a victimological perspective and to analyze the status and role of victims within the criminal justice system. This study examines the state’s responsibility toward victims of terrorism from both a victimological and criminal law enforcement perspective. The primary focus of the study is how the state fulfills its obligations to provide protection, rehabilitation, and the fulfillment of the rights of victims of terrorism, both legally and socially. The research method employed is normative legal research using a legislative and conceptual approach, utilizing primary, secondary, and tertiary legal sources. The results of the study indicate that victimology views victims as legal subjects entitled to protection, recognition, and compensation for losses. Victim protection encompasses not only legal aspects but also physical and psychological protection, as well as the prevention of victimization.
Co-Authors Abdul Rahman Maulana Siregar Alberto Paskah Tarigan Bima Agung Wibowo Ismaidar Ismaidar Martinus Bosko Sinaga Sonya Evalin Br. Silalahi Suci Ramadani Sumarno